§11-1 Definitions. Whenever used in this title, the words and phrases in this title shall, unless the same is inconsistent with the context, be construed as follows:
"Ballot" means a ballot, including an absentee ballot, that is a written or printed, or partly written and partly printed paper or papers containing the names of persons to be voted for, the office to be filled, and the questions or issues to be voted on. "Ballot" includes:
(1) A ballot summary reflecting a complete record of the ballot selections made by a voter utilizing an HTML ballot or similar accessible ballot that produces a ballot summary;
(2) A voter verifiable paper audit trail in the event there is a discrepancy between a voting machine's electronic record of the voted ballot and the voter verifiable paper audit trail; and
(3) A ballot used in an election by mail pursuant to part VIIA, including a ballot approved for electronic transmission. A ballot may consist of one or more cards or pieces of paper, or one face of a card or piece of paper, or a portion of the face of a card or piece of paper, depending on the number of offices, candidates to be elected thereto, questions or issues to be voted on, and the voting system in use.
"Ballot summary" means a complete record of ballot selections that is verified by the voter.
"Business day" means any day excluding Saturdays, Sundays, and state or federal holidays.
"Closing hour of voting" means 7:00 p.m. Hawaii Standard Time on election day.
"Chief election officer", the individual appointed by the elections commission pursuant to section 11-1.6 to supervise state elections.
"Clerk", the county clerks of the respective counties.
"County", the counties of Hawaii, Maui, Kauai, and the city and county of Honolulu, as the context may require. For the purposes of this title, the county of Kalawao shall be deemed to be included in the county of Maui.
"District" means, unless otherwise specified, the district of political representation associated with a state representative.
"Election", all elections, primary, special primary, general, special general, special, or county, unless otherwise specifically stated.
"Election officials" means persons designated as officials by the chief election officer.
"Electronic transmission" means the transmission of a blank or voted ballot by facsimile or electronic mail delivery, or the use of an online absentee ballot delivery and return system, which may include the ability to mark the ballot.
"Hawaiian", any descendant of the aboriginal peoples inhabiting the Hawaiian Islands which exercised sovereignty and subsisted in the Hawaiian Islands in 1778, and which peoples thereafter have continued to reside in Hawaii.
"Office", an elective public office.
"Place of deposit" means a site within the county of the voter's registration address designated pursuant to section 11-109 for the purpose of receiving return identification envelopes in an election conducted by mail pursuant to part VIIA.
"Political party" or "party", a political party qualified under part V of this chapter.
"Precinct" means the smallest political subdivision established by law.
"Primary", a preliminary election in which the voters nominate candidates for office as provided for in chapter 12.
"Provisional ballot" means a ballot and any accompanying materials issued to a voter that are segregated for review and subsequent determination of validity, in accordance with eligibility criteria and other requirements of law.
"Runoff election" means any single election required by county charters preceded by an election that failed to elect a candidate.
"Service bureau" means a firm registered to do business in the State and whose principal business is furnishing data processing services.
"Special election", any single election required by law when not preceded by an election to nominate those candidates whose names appear on the special election ballot.
"Special primary election" and "special general election", elections held only (a) whenever any vacancy occurs in the offices of United States senator, United States representative, state senator, or state representative because of failure to elect a person at an uncontested general election or (b) as specified in county charters.
"Voter", any person duly registered to vote.
"Voter service center" means a location within the county of the voter's registration address established pursuant to section 11-109 to serve all of the following purposes:
(1) Receive return envelopes for absentee ballots pursuant to chapter 15;
(2) Receive return identification envelopes in an election by mail conducted pursuant to part VIIA;
(3) Provide voting machine services for persons with disabilities pursuant to the Help America Vote Act of 2002, P.L. 107-252, as amended, and any other federal or state law relating to persons with disabilities;
(4) Provide any other voting services as provided by law; and
(5) Any other purposes the chief election officer or clerk may deem necessary if a natural disaster or other exigent circumstance occurs before an election.
"Voter turnout", means the total number of voters at an election as determined by the number of ballot cards tabulated by the computer or of paper ballots counted by the precinct officials. When there is more than one ballot card issued to each voter, "voter turnout" means the total count of the alpha ballot card with the highest number of cards tabulated by the computer. Ballots that are blank or ballots that are rejected for any reason shall be included in the count of the total number of voters.
"Voting system" means the use of paper ballots, electronic transmission, voting machines, elections by mail pursuant to part VIIA, absentee voting pursuant to chapter 15, or any system by which votes are cast and counted. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(a); am L 1979, c 196, §3; am L 1980, c 264, §1(a); am L 1987, c 232, §1; am L 1990, c 156, §4; am L Sp 1995, c 27, § §3, 15; am L 1996, c 239, §1; am L 1998, c 22, §1; am L 1999, c 141, § §3, 4; am L 2004, c 57, §7; am L 2019, c 136, §4; am L 2021, c 213, §4]
Case Notes
Cited: 133 H. 229 (App.), 325 P.3d 641 (2014).
Structure Hawaii Revised Statutes
11-1.5 Office of elections established.
11-2 Chief election officer; duties.
11-2.8 Publication of election notices.
11-6 Petitions; withdrawal of signatures.
11-7.5 Duties of the elections commission.
11-8 Elections commission; political activities.
11-8.5 Elections review program.
11-10 Candidates for public office; public service announcements; public funds.
11-10.5 Statewide voters with special needs advisory committee.
11-10.6 County voters with special needs advisory committees.
11-12 Age; place of registering.
11-13 Rules for determining residency.
11-14 General county register; restrictions in use.
11-14.5 Residence address; confidentiality.
11-14.6 REPEALED. L 1997, c 157, §3.
11-15 Application to register.
11-15.3 Application to register electronically.
11-15.5 Duties of all state agencies; voter registration.
11-15.7 Automatic registration.
11-16 Application when not made in person.
11-17 Removal of names from register, when; reregistration.
11-18 Transfer of registration on removal from one precinct to another in same county.
11-19 Registration from one county to another.
11-20 Transfers; name changes; initiated by clerk.
11-21 Change of name, transfer on election day.
11-22 Changing register; correction of errors.
11-23 Changing register; striking names of disqualified voters.
11-25 Challenge by voters; grounds; procedure.
11-26 Appeal from ruling on challenge; or failure of clerk to act.
11-41 Boards of registration, appointment, tenure.
11-52 Hearing; decision final.
11-53 Decision, notice; action on.
11-61 "Political party" defined.
11-62 Qualification of political parties; petition.
11-63 Party rules, amendments to be filed.
11-64 Names of party officers to be filed.
11-65 Determination of party disqualification; notice of disqualification.
11-77 Appointment of watchers; service.
11-92.3 Natural disasters; postponement; consolidation of precincts; special elections.
11-92.5 Minimum number of precincts.
11-96 Records prima facie evidence.
11-97 Records open to inspection.
11-98 Forms and materials used in elections.
11-99 Members of Congress, applicability of election laws.
11-101 Elections eligible to be conducted by mail.
11-102 Procedures for conducting elections by mail.
11-103 Public notice of mailing.
11-104 Ballot instructions; ballot return.
11-106 Deficient return identification envelopes.
11-107 Electronic transmission under certain circumstances.
11-109 Voter service centers; places of deposit.
11-110 Election expenses and responsibilities for elections by mail.
11-111 Official and facsimile ballots.
11-114 Order of offices on ballot.
11-115 Arrangement of names on the ballot.
11-116 Checking ballot form by candidates and parties.
11-117 Withdrawal of candidates; disqualification; death; notice.
11-118 Vacancies; new candidates; insertion of names on ballots.
11-118.5 Constitutional amendments, proposed; attorney general statement.
11-131 Voter service center hours.
11-132 Two hundred foot radius.
11-137 Secrecy; removal or exhibition of ballot.
11-153 More or fewer ballots than recorded.
11-154 Records, etc.; disposition.
11-155 Certification of results of election.
11-156 Certificate of election and certificate of results, form.
11-158 Mandatory recount of votes.
11-171 Applicability of this part.
11-172 Contests for cause; generally.
11-175 Powers of supreme court; costs.
11-182 Election expenses when no county elections.
11-183 Election expenses when no state elections.
11-191 to 11-213 OLD REPEALED. § §11-191 to 11-225 REPEALED.
11-311 Campaign spending commission established; composition.
11-314 Duties of the commission.
11-316 Political activities prohibited.
11-321 Registration of candidate committee or noncandidate committee.
11-322 Organizational report, candidate committee.
11-323 Organizational report, noncandidate committee.
11-325 When an individual may not serve as a committee officer.
11-326 Termination of candidate committee's or noncandidate committee's registration.
11-327 Ballot issue committee; contributions and expenditures.
11-331 Filing of reports, generally.
11-333 Candidate committee reports.
11-334 Time for candidate committee to file preliminary, final, and supplemental reports.
11-335 Noncandidate committee reports.
11-336 Time for noncandidate committee to file preliminary, final, and supplemental reports.
11-337 Reporting expenditures.
11-338 Late contributions; late expenditures; report.
11-340 Failure to file report; filing a substantially defective or deficient report.
11-341 Electioneering communications; statement of information.
11-342 Fundraiser; notice of intent.
11-344 Sale or use of information.
11-351 Contributions, generally.
11-352 False name contributions prohibited.
11-353 Anonymous contributions prohibited.
11-354 Fundraising on state or county property prohibited.
11-355 Contributions by state and county contractors prohibited.
11-356 Contributions by foreign national or foreign corporation prohibited.
11-357 Contributions to candidate committees; limits.
11-358 Contributions to noncandidate committees; limits.
11-360 Contributions to a party.
11-361 Aggregation of contributions and expenditures.
11-362 Contributions limited from nonresident persons.
11-363 Other contributions and expenditures.
11-364 Excess contribution; return; escheat.
11-371 Loan to candidate committee.
11-372 Reporting loan; written loan agreement.
11-373 Noncandidate committee loan prohibited.
11-381 Campaign funds only used for certain purposes.
11-382 Prohibited uses of campaign funds.
11-384 Disposition of campaign funds; termination of registration.
11-403 Notice of complaint; opportunity to explain or respond to complaint.
11-404 Initial determination by the commission.
11-405 Preliminary determination regarding probable cause.
11-406 Waiver of further proceedings.
11-407 Contested case hearing.
11-409 Final determination of violation; order.
11-410 Administrative fines; relief.
11-421 Hawaii election campaign fund; creation.
11-423 Voluntary expenditure limits; filing affidavit.
11-425 Maximum amount of public funds available to candidate.
11-426 Candidate exceeds voluntary expenditure limit.
11-427 Reserving use of contributions.
11-428 Eligibility requirements for public funds.
11-429 Minimum qualifying contribution amounts; qualifying contribution statement.
11-430 Application for public funds.
11-433 Post-election report required.
11-434 Post-election examination and audit; return of funds.